The Municipal Council, Tuljapur v. The State Of Maharashtra And Another

1 ca 7624.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7624 OF 2013 IN WRIT PETITION NO. 4026 OF 2013 The Municipal Council, Tuljapur .. Applicant

Versus

The State of Maharashtra and another .. Respondents Shri K. K. Kulkarni, Advocate for the Applicant. Shri M. M. Nerlikar, A.G.P. for the Respondent No. 1. Shri R. V. Naiknavare, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J.

DATE : 27TH NOVEMBER, 2015.

PER COURT :

.

Mr. Kulkarni, the learned counsel for the applicant submits that, the applicant would deposit Rs. 20,00,000/- (Rs. Twenty Lacs only) within a period of one (1) week from today by demand draft.

2.

Upon deposit of the said amount, the respondent No. 2/claimant is entitled to withdraw the same.

3.

It is submitted that, after deposit of the said amount, substantial claim is satisfied and only small part of the claim

2 ca 7624.13 would remain.

4.

Considering the fact that, substantial amount is deposited, I dispose of the present civil application.

5.

The applicant/Municipal Council shall deposit the remaining amount before the Executing Court. In case there is dispute with regard to payment of interest amount or otherwise, the Executing Court shall decide the said dispute. The applicant shall deposit further amount expeditiously with the Executing Court.

6.

In view of the above, the order dated 20th February, 2014 attaching the accounts of the applicant stands recalled and the attachment made vide the said order stands released. The concerned bank shall take note of this order. [ S. V. GANGAPURWALA, J. ] bsb/Nov. 15